DACA recipient unlawful presence

In one of our earlier entries, we discussed what the Deferred Action for Childhood Arrivals (DACA) program is about, how it works, and who is eligible to apply for relief under the program. In today’s entry, we will be discussing the topic of unlawful presence and the DACA recipient and how unlawful presence may or may not impact a DACA recipient’s ability to apply for an immigrant visa in the United States.

What is Unlawful Presence?

Unlawful presence is the period of time that a person spends in the United States without being properly admitted or paroled, or it is a period of time which an individual spends in the U.S. without being authorized.

If you are in the United States without being admitted or paroled, then unlawful presence started accruing on the day you entered the country without admission or parole. 

How does Unlawful Presence Work under DACA?

The rule for unlawful presence as it relates to the DACA recipient is rather simple. If you were under the age of eighteen at the time you submitted your DACA request, then you would not have accrued any unlawful presence while the request as pending, even if you turned eighteen while the request was pending. Additionally, under those same circumstances, if you were granted deferred action on your case, any subsequent time you spent in the U.S. cannot be viewed as unlawful presence.

The flip side of this situation is if the DACA recipient applied for deferred action after their eighteenth birthday. In this scenario, the DACA recipient’s time in the U.S. before they received deferred action can be viewed as unlawful presence.

What if I Applied for DACA After My Eighteenth Birthday?

If you applied to become a DACA recipient after the age of eighteen and you are interested in applying for a green card, it is important to consult with an immigration attorney. An immigration lawyer will be able to assess your case and determine what the best course of action is. Consider setting up a consultation with an attorney at Gilles Law, PLLC. You can reach us at 980-272-8438 at our office in Uptown Charlotte. We are here to assist with your inquiries.

This Blog/Web Site is made available by Gilles Law, PLLC , a Charlotte-based law firm, for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site, you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.